¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

1
RNI  No. MAHENG /2009/35528

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 4, +ÆEòú 30]

MÉÖ¯û´ÉÉ®ú, BÊ|É±É 12, 2018 / SÉèjÉ 22, ¶ÉEäò 1940

[{ÉÞ¹`ä 25, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ  Gò¨ÉÉÆEòú  68
|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ
¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ
Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Shree Karveer Niwasini  Mahalaxmi (Ambabai) Mandir (Kolhapur) Act, 2018
(Mah. Act No. XXXV of 2018), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.

————————

MAHARASHTRA  ACT  No.  XXXV  OF  2018.

(First published, after having received the assent of the Governor in the
“Maharashtra  Government  Gazette”,  on the  12th April  2018.)

An  Act  to  provide  for  better  management  in  the Shree  Karveer
Niwasini  Temple,  Kolhapur  and  to  make  better  provisions  therefor  and
the  abolition  of  all  the  hereditary  rights,  privileges  of  priest  functioning
in  the  said  Temple  and    for  the  acquisition  of  such  rights  and  privileges
and  for  the  vesting  thereof  in  the  Committee  established  for  the
purpose;    for  providing  for  better  administration  and  governance  of    the
said  Temple  and  for  matters  connected  therewith  and  incidental
thereto.

XXIX of
1950.

WHEREAS  there  are  certain  Temples  or  religious  institutions    or
endowments  created  for  a  public  religious  or  charitable  purpose,  which
vest  in,  or  the  management  of  which  vests  in,  the  State  Government  and
which  are  registered  as,  or  declared  to  be  public  Trust  by  notification
issued  in  exercise  of  the  powers  conferred  by  sub-section  (2)  of  section  56C
of  the  Maharashtra  Public  Trusts  Act  in  the  Kolhapur,  Sangli,  Sindhudurg
and  Palghar  districts  of  the  State  of  Maharashtra  and  their  management

¦ÉÉMÉ +É`ö------68-1

(1)

2

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

were  transferred  by  the  State  Government  under  section  56D  of  the  said
Act  to  the Devasthan  Management  Committee,  Western  Maharashtra,
Kolhapur,  established  under  sections  56E,  56F and  56I  of  the  said  Act;  and
the Shree  Karveer  Nivasini  Temple  is  one  of  such  Temple  and  included  in
the  said  notification;

AND  WHEREAS  various  issues  are  raised  in  the  Maharashtra
Legislative  Assembly  regarding  the  mismanagement  in  the  said  Temple
and  complaints  are  received  by  the  State  Government  regarding  activities
of Shripujak and  the rights and privileges of Shripujak’s in the said Temple;

AND  WHEREAS  it  is  expedient  to  provide  for  better  management  in
the Shree Karveer Nivasini Temple, Kolhapur and to make better provisions
therefor;

AND  WHEREAS,  after  considering  the  views  expressed  in  the  State
Legislature,  the  State  Government  is  of  opinion  that  the  steps  should  be
taken  forthwith  to  enact  a  law  for  that  purpose;  and  also  to  abolish  all  the
hereditary  rights  and  privileges  of Shripujak’s  or  any  person  performing
nitya  or  daily  or  occassional pujas  in  the  said  Temple;  and  to  provide  for
the  acquisition  and  vesting  of  such  rights  and  privileges  in  the  Committee;
and for the payment of amounts as compensation for the acquisition of such
rights  and  privileges;  and  for  appropriation  of  the  income  accruing  from
the  offerings, Dakshina,  donations  or  gifts  made  to  the  idols  or  deities  in
the  Temple  or  made  for  the  purpose  of  development  and  management  of
the  Temple  or  any  property  thereof,  with  a  view  to  increase  the  better
utilization  of  the  same  for  the  purpose  of  the  Temple,  and  of  the  idols  of
deities  therein  of  and  for  the  matters  connected  therewith  or  incidental
thereto;

AND  WHEREAS  it  is  expedient  to  make  a  law  for  the  purposes
aforesaid;  it  is  hereby  enacted  in  the  Sixty-ninth  Year  of  the  Republic  of
India  as  follows  :—

CHAPTER  I

PRELIMINARY

Short title
and
commence-
ment.

Definitions.

1.  (1)  This  Act  may  be  called  the  Shree  Karveer  Niwasini  Mahalaxmi

(Ambabai)  Mandir  (Kolhapur) Act,  2018.

(2)  It  shall  come  into  force  on  such  date  as  the  State  Government

may,  by  notification  in  the Official  Gazette,  appoint.

2.

In  this  Act,  unless  the  context  otherwise  requires,  —
(1)  “appointed  day”  means  the  date  specified  in  the  notification

issued under sub-section (2) of  section 1;

(2)  “Devasthan  Management  Committee”  means  the  Devasthan
Management  Committee,    Western  Maharashtra  Kolhapur  established
under sections 56E, 56F and 56I of the Maharashtra Public Trusts Act;
(3)  “Committee”  or    “Management  Committee”  means  the

XXIX of
1950.

Management  Committee  appointed  under  section  8;

(4)  “District  Court”  means  the  District  Court  at  Kolhapur;
(5)  “Executive  Officer”  means  the  Executive  Officer  of  the

Committee  appointed  under  section  21  ;

(6) “Member” means a member of the Committee, and includes any
office – bearers thereof whether called as, the Chairman, Vice-Chairman
and Treasurer  or by  any other  designation;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

3

(7) “Management  Fund”  means  the  management  fund  constituted

under section 30 ;

(8) “prescribed”  means  prescribed  by  rules  made  by  the  State

Government  under  this  Act  ;

XXIX of
1950.

(9) “public  Trust’’  means  a  public  trust  registered  under  the

provisions of the Maharashtra Public Trusts Act ;

(10) “regulations”  means  the  regulations  made  by  the  Committee

under section 52 ;

XXIX of
1950.

XXIX of
1950.

(11) “rules” means the rules made under this Act;

(12) “Shripujak”, in relation to severs or services performed in the
Temple,  means  the  persons  known  as  pujari  or  service  providers,  by
whatever  name  or  designation  known  or  called  and  traditionally
performing  and  rendering  any  or  all  kinds  of  religious  services  in  the
Shree  Karveer  Niwasini  Mahalaxmi  (Ambabai)  Temple  on  the  date  of
commencement of this Act ;

(13) “Temple”means  the Shree Karveer  Niwasini  Mahalaxmi

(Ambabai)  Temple  at  Kolhapur;

(14) “Trust’’ means the public trust as constituted under sub-section

(1) of section 3;

(15) “Trust Fund” means the fund of the Temple Trust or religious

institution  constituted  under  section  28;

(16) “year” means the financial year; and

(17) words  and  expressions  used  in  this  Act  but  not  defined  shall
have  the   meanings   respectively  assigned to  them  in the  Maharashtra
Public  Trusts  Act.

CHAPTER  II

RECONSTITUTION AND TRANSFER OF PROPERTY OF THE RELIGIOUS INSTITUTION

3.      (1)    On  and  with  effect  from  the  appointed  day,  the  public  trusts
registered  under  the  Maharashtra  Public  Trust  Act,  by  the  name Shree
Karveer  Niwasini,  at  Karveer  with  number  A-1493,  which  vest  in,  and  the
management  of  which  vests  in,  the  State  Government,  shall  be  deemed  to
be  reconstituted  under  this  Act  as  a  public  trust  by  the  name  of  ‘Shree
Karveer  Niwasini  Mahalaxmi  (Ambabai)  Temple  Trust,  Kolhapur’.

Reconstitution
of  Trust  or
religious
institution
and  transfer
to  and
vesting  of
properties.

(2)  On  the  appointed  day,  all  the  properties,  whether  movable  or
immovable  (including  all  assets,  rights,  funds,  liabilities  and  obligations)  of
the  erstwhile  public  Trust  (hereinafter  referred  to  as  the  “Temple  Trust”)
shall,  by  virtue  of, and  in  accordance  with,  the  provisions of  this  Act,  stand
transferred  to,  and  vested  in  the  management  committee  or  the  purposes
of the Temple Trust so reconstituted under sub-section (1) and the Executive
Officer  shall,  on  behalf  of  the  Committee,  be  entitled  to  their  possession
and  management  from  that  day.

(3)  The  Committee  or Devasthan  Management  Committee  functioning
in  relation  to  the  Temple  Trust  immediately  before  the  appointed  day  shall
cease  to  function;  and  all  its  powers,  duties,  rights  and  privileges,  if  any,
in  relation  to  the  Temple  Trust  shall  vest  in  the  Management  Committee.

¦ÉÉMÉ +É`ö------68-1+

4

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

Transfer  of
possession  of
valuables  and
properties  to
Trust.

4.  (1) The Devasthan Management Committee and every other person

in  possession  of,—-

(a)  any  movable  or  immovable  property  of  the  erstwhile  Trust;  or
(b)  the  valuable  articles,  and  the  money  including  the  money  in
the  form  of  deposits  in  bank  or  in  credit  society  or  with  any  person
or  investment  in  shares,  belonging  to  the  Temple  Trust,

shall  hand  over  possession  thereof,  or  transfer  or  cause  to  be
transferred,  forthwith,  or  within  such  longer  period  not  exceeding
thirty  days,  as  may  be  allowed  by  the  Management  Committee,  along
with  full  inventory  thereof,  to  the  Executive  Officer  on  behalf  of  the
Management  Committee.

(2) There shall be a separate committee headed by Additional Collector,
Kolhapur  District  consisting  of  the  Superintendent  of  Land  Records,  Joint
District  Registrar  (Stamps  and  Registration),  Sub-Divisional  Officer  of
Kolhapur  District  and  the  Executive  Officer  as  the ex  officio  Secretary  of
the  committee.  Such  committee  shall  prepare  the  report  of  the  inventory
of  the  immovable  property  of  the  erstwhile  Trust,  in  the  format  given  by
the  State  Government  with  the  relevant  documents.  The Devasthan
Management  Committee  shall  provide  all  the  relevant  documents  under
their  control  to  such  committee.

Such  committee  shall  submit  its  report  to  the  State  Government  and
the  Management  Committee  of Shree  Karveer  Niwasini  Mahalaxmi
(Ambabai) Temple. The Management Committee shall take necessary action
in  respect  of  the  immovable  property  held  by  the    Trust.  Upon  submission
of  such  report  by  the  such  committee,  the  State  Government  shall  issue
necessary  orders  for  the  management  of  the  immovable  property.

(3)  Where  any  property  is  handed  over  or  transferred  under
sub-section  (1),  the  Executive  Officer  shall,  after  due  verification  with  the
inventory,  pass  a  proper  receipt  in  writing  for  the  same  to  the  transferor
and  thereupon,  the  Executive  Officer  shall  be  responsible  for  the  safe
custody  of  such  property  thereafter.

(4)  On  so  handing  over  or  transferring  any  such  property  of  the
erstwhile  Temple  Trust  to  the  Executive  Officer  and  obtaining  a  receipt
thereof  under  sub-section  (2),  the  transfer  or  shall  stand  released  and
discharged  from  all  claims  and  demands  or  liability  in  respect  of  that
property.

(5)  Immovable  property  held  by  the  Temple  Trust  shall  not  be  sold
without  public  auction  and  without  prior  permission  of  the  Government  in
Law  and  Judiciary  Department  and  while  granting  permission,  the
Government  shall  ensure  that  the  offset  price  of  such  immovable  property
shall  not  be  less  than  the  market  value  of  such  property  as  per  the  rates
fixed  under  the  Annual  Statement  of  rates  fixed  under  the  Maharashtra
(Determination  of  market  value)  Rules,  1995  or  any  other  law  for  the  time
being  in  force:

Provided  that,  the  person  who  has  vested  interest  in  the  immovable
property at the time of public auction shall have the first right to purchase
the  said  immovable  property  at  the  highest  bid  price  accepted  at  such
auction.

(6)  No  instrument  alienating  the  immovable  property  of  the  Temple
Trust  without  following  the  procedure  mentioned  in  this  section  shall  be
valid.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

5

5.    (1)  With  effect  from  the  appointed  day,  notwithstanding  anything
contained  in  any  compromise  or  agreement  entered  into  or  scheme,  or
farman,  or sanad  or  grant  or  order  of  any  ruling  authority  for  the  time
being  or  judgment,  decree  or  order  of  any  Court,  Tribunal  or  other
authorities  passed  prior  to  and  in  force  on  the  aforesaid  day,—

Abolition  of
customary  or
hereditary
rights  of
Shripujak’s.

(a)  all  rights,  whether    customary  or  hereditary,  contractual  or
otherwise,  or  privileges  of  a  person  or  Committee  holding  any  office
of  the Shripujaks  or  any  other  office  or  service  or  post  by  whatever
name  called  or  of  whatever  nature  they  may  be,  in  performing    puja,
archana,  upchars  of  any  kind  whatsoever,  in  the  Temple  shall,  stand
abolished  ;

(b)  any  usage  or  practice  relating  to  the  succession  to  any  office

or  service  or  post  mentioned  in  clause  (a)  shall  be  void  ;

(c) all rights and emoluments of any nature in cash or kind or both
accrued  to  and  appertaining  to  any  office  or  service  or  post  mentioned
in  clause  (a)  and  subsisting  on  the  appointed  day,  shall  stand
extinguished.

6. Notwithstanding  anything  contained  in  any  judgment,  decree  or
order  of  any  Court,  Tribunal  or  other  authority  or  in  any  scheme,  custom,
usage,  agreement,  instrument  or  in  any  manual  prepared  by  the  Temple
Trust  or Devasthan  Management  Committee  or  in  any farman  or sanad  or
any  deed,  grant  or  order  of  the  Government  or  any  other  authority  for  the
time  being  governing  the  Temple,—

Abolition  of
shares  in
Hundi.

(a)  any  share  which  is  payable    or  being  paid  or  given  or  allowed
to  be  collected  in  the  offerings  made  before  the  deity  including  the
offerings  on  the  brass  threshold  and  the  offerings  made  before  the
deity  in  the Palakhi  or  Chariot,—

(i)  to  or    by  any  person,  by  whatever  name  or  designation

known  or  called  in  relation  to  the  temple.

(ii)  to  or  by  any  office-holder  or  servant  or  sevekari;

(b)  share  or  shares  in  the  offerings  made  or  offered  either  in  kind
or    in  cash  or  both  by  the  devotees  either  in  Hundi,  Plate  or  on  the
brass  threshold  in  the  temple  or  the  offerings  made  before  the  deity
in  the  Palakhi  or  Chariot,  and

(c)  all  shares  in  the  lands  or  any  property  movable  or  immovable
of  the  temple  trust  allotted  to  be  in  possession  and  enjoyment  of  any
such  person  or  officeholder  or  servant  or  sevekari  towards
remuneration  or  otherwise  for  rendering  service  or  seva  or  for
defraying any other expenses connected with the service or management
of  the  temple  shall  stand  abolished  on  and  from  the  date  of
commencement  of  this  Act.

7.    (1)  Any  person  whose    customary  or  hereditary  rights  or  share  or
shares  have  been  abolished  under  section  5  or  6,  as  the  case  may  be,  may,
within  ninety  days  from  the  appointed  day,  apply  to  the  District  Court  for
adjudication  of  the  amount  of  compensation  payable  to  him  as  a  result  of
such  abolition  of  his  rights,  share  or  shares  ;  and  such  application  shall  be
accompanied  by  a  fee  proportionate  to  1/30  part  of  claimed  amount  subject
to  maximum  of  rupees  ten  lakhs;  by  stating  the  nature  of  his  right  and
privilege,  the  grounds  of  his  claim,  the  extent  of  his  share  in  the  amount,
the  document,  if  any,  evidencing  such  share  and  the  names  of  persons  who
are  co-sharers.

Application
for compen-
sation  on
abolition  of
rights or
shares  to
Tribunal.

6

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

(2)  The  District  Court  shall  hold  an  inquiry,  and  if  the  District  Court
is  satisfied  that  the  applicant  has  established  his  claim  to  any  right  or
privileges,  the  District  Court  shall  make  an  order  specifying  the  amount
payable  to  the  applicant.  Where  there  are  co-sharers  claiming  the  amount,
the  District  Court  shall  apportion  the  amount  between  the  co-sharers.

(3)  In  determining  the  amount  of  compensation,  the  District  Court
may  take  into  consideration  the  provisions  of  the  scheme  made  by  any
court  for  the  administration  of  any  Temple,  and  the  decisions  of  the
competent  courts  recorded  before  the  appointed  day  in  relation  to  the
customary  hereditary  rights  and  privileges  of  persons  having  any  interest
in  the  income  from  the  Trust;  but  in  no  case  shall  the  amount  determined
exceed two and half times the average annual income such aggrieved person
was  receiving  or  collecting.

Explanation.—Average  income  shall  be  determined  on  the  basis  of  last
ten years income before the appointed day.  If the aggrieved person’s average
annual  income,  so  determined,  was  rupees  one  thousand,  the  compensation
shall  in  no  case  exceed  rupees  two  thousand  five  hundred.

(4)    The  District  Court  shall  not  take  into  consideration  any  income
alleged  to  be  derived  by  any  person  having  interest  in  respect  of  which
such  person  has  not  kept  any  account  before  the  appointed  day  unless  the
District  Court  on  evidence  adduced  before  it,  is  satisfied  about  the  amount
of  income  lawfully  derived  by  him  from  his    customary,  hereditary  right
and  privilege  abolished  and  acquired.

(5)  In  determining  the  amount  of  compensation,  the  District  Court

shall  have  regard  to  the  following  factors:—

(a)  the  deity  is  a  juristic  person  and  any  offering,  gift  or  donation

to  the  deity  is,  in  law,  the  property  of  the  deity  ;

(b) the application or claimant or his predecessor has appropriated
the  offerings,  share  or  income  over  a  period  of  time  and  thus
accumulated  a  corpus  ;

(c)  such  accumulated  corpus  or  its  part  also  had  yielded  or

potential  to  yield  monetary  returns  ;

(d)  the  compensation  is  to  be  paid  from  trust  fund,  the  primary

source  of  which  is  the  property  of  deity  ;

(e)  the  trust  fund  is  to  be  utilized  for  the  administration  and

management  of  the  temple  trust,  and

(f)  therefore,  the  compensation  ordered  to  be  paid  shall  not  be

excessive  exorbitant  and  onerous  to  the  temple  trust.

(6)    Every  order  made  by  the  District  Court  shall  be  in  writing  signed
by  Judge,  and  shall  specify  the  amount  of  compensation  if  any,  ordered  to
be  given  together  with  reasons  for    giving  the  said  amount,  or  rejecting  the
claim,  as  the  case  may  be.

(7)  Every such order shall be deemed to be a decree and the Statement
of  the  reasons  of  every  such  order,  a  judgment  within  the  meaning  of
clause (2) of section 2,  and clause (9) of section 2,  respectively, of the Code
of  Civil  Procedure,  1908.

V  of
1908.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

7

(8)  Every  such  order  shall  also  state  the  amount  of  costs  incurred  in
the  proceedings  under  this  chapter  and  by  what  persons  and  in  what
proportions  they  are  to  be  paid.

(9)  An  appeal  shall  lie  to  the  High  Court  against  any  decision  of  the
District  Court  under  this  Act  as  if  such  decision  was  a  decree  from  which
an  appeal  ordinarily  lies.

(10)  On  making  such  order  under  this  section,  the  Executive  Officer
shall,  out  of  the  Trust  Fund,  tender  the  payment  of  the  amount  as  ordered
by  the  District  Court  to  the  person  entitled  thereto  according  to  the  order
and  shall  pay  it  to  them :

Provided  that,  if  they  shall  not  consent  to  receive  it,  or  if  there  be  any
dispute as to the eligibility of any person to receive the amount or as to the
apportionment  of  it,  such  amount  shall  be  deposited  in  the  District  Court:

Provided further that, nothing herein contained shall affect the liability
of  any  person  who  may  receive  the  whole  or  any  part  of  any  amount  under
this  Act  to  pay  the  same  to  the  person  lawfully  entitled  thereto.

(11)  When any amount shall have been deposited in the District Court
under  this  Act,  the  District  Court  may,  on  the  application  of  any  party
interested  or  claiming  an  interest  in  such  amount,  order  the  same  to  be
invested  in  such  Government  or  other  approved  securities  as  it  may  think
fit  and  may  direct  the  interest  or  other  proceeds  of  any  such  investment
to  be  accumulated  and  paid  in  such  manner  as  it  may  consider  and  shall
give  the  parties  interested  therein  the  same  benefit  therefrom  as  they
might  have  had  if  they  themselves  had  invested  the  same.

(12)        When  the  amount  is  not  paid  or  deposited,  as  provided  above,
the  Executive  Officer  shall  pay  the  amount  ordered  by  the  District  Court,
with  interest  thereon  at  the  rate  of  four  per  cent  per  annum  from  the  date
of  expiry  of  thirty  days  from  the  date  of  the  order  until  it  shall  have  been
so  paid  or  deposited.

(13)  No  suit  or  proceeding  shall  lie  to  any  other  court  in  respect  of  the

matters  covered  under  this  section.

CHAPTER  III

MANAGEMENT COMMITTEE

8.

(1)  For  the  purpose  of  management  of  the  Temple  Trust,  on  or
after  the  appointed  day,  a  Committee  to  be  called  “Shree  Ambabai  Temple
Management  Committee”  shall  be  constituted  by  the  State  Government  as
provided  in  sub-section  (2).

(2)  The  State  Government  shall,  by  notification  in  the Official  Gazette,
appoint  a  Chairman,  Vice-Chairman,  Treasurer  and  not  more  than  eight
members  to  constitute  the  Committee  as  envisaged  under  sub-section  (1):

Constitution
of
Management
Committee
for  Temple
Trust.

Provided  that,  out  of  the  total  number  of  members  not  less  than  one
member  shall  be  a  woman  and  at  least  two  members,    of  whom  one  shall
be  a  person  belonging  to  the  Scheduled  Castes  and  one  to  the  Scheduled
Tribes,  shall  be  appointed  from  amongst  the  persons  ordinarily  residing  in
the  State.

(3)  The  Mayor  of  the  Municipal  Corporation  for  the  City  of  Kolhapur

shall  be  the ex  officio  member  of  the  Committee.

8

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

(4)  Until  the Committee is duly constituted  under sub-section (1),   the
State  Government  may,  by  notification  in  the Official  Gazette  appoint  a
temporary  committee  for  the  purposes  of  this  Act,  consisting  of  two  or
more  persons  appointed  by  the  State  Government  in  this  behalf  ;  and  one
of  them  may  be  appointed  as  the  Chairman  thereof.

Upon  the  constitution  of  the  Committee  under  sub-section  (1),  the
members  constituting  the  temporary  Committee  shall  vacate  their  office
and  the  temporary  Committee  shall  cease  to  exercise  any  powers  or  duties
under  this  Act  and  shall  hand  over  all  the  property  vested  in  it,  and  the
management  of  the  endowment  and  Temple  Trust  to  the  Committee  duly
constituted  under  sub-section  (1).

(5)  Subject  to  the  other  provisions  of  this  Act,  the  Committee  shall  be
a  body  corporate  by  the  name  aforesaid,  having  perpetual  succession  and
a  common  seal  with  power  to  acquire,  hold  and  dispose  of  property,  both
movable and immovable and to contract and shall by the said name sue and
be  sued.

9.

(1)  A  Chairman,  Vice-Chairman  or  member  shall  be  appointed  for

a  period  of  three  years  :

Provided  that,  the  term  of  office  of  such  out  going  members  shall  be
deemed  to  extend  to  and  expire  with,  the  date  on  which  the  notification
constituting  the  new  Committee  is  published  in  the Official  Gazette.

(2)  A  member  may,  by  writing  under  his  hand  addressed  to  the  State

Government  and  a  copy  to  the  Chairman,  resign  his  membership  :

Provided that, such resignation shall not take effect until it is accepted

by  the  State  Government.

(3)  If  a  member  without  obtaining  leave  from  the  Committee,  remains
absent  for  the  three  consecutive  meetings  of  the  Committee,  he  shall  cease
to be a member thereof, from the time the third meeting is duly terminated.

10.

(1)  A  person  to  be  appointed  as  a  member  of  the  Committee  shall

be,—

(a)  the  permanent  resident  of  the  State  of  Maharashtra  ;  and
(b)  a  devotee,  of Shree  Karveer  Nivasini, Mahalaxmi  (Ambabai),
Kolhapur.  He  shall,  prior  to  his  appointment  as  a  member,  make  such
declaration  in  the  prescribed  form.

Term  of
office  of
member.

Qualifications
for being
member.

(2) The Chairman, Vice-Chairman, Treasurer and other members shall,

unless  otherwise  disqualified,  be  eligible  for  re-appointment.

11.     A person shall be disqualified for appointment as, or for being, a

member, if he,—

Disqualifi-
cations.

(a) is not qualified under sub-section (1) of section 10 ;
(b) is a minor ;
(c) is of unsound mind, and is so declared by a competent court ;
(d) is an undischarged insolvent ;
(e)  has  directly  or  indirectly  any  interest  in  a  lease  or  any  other
transaction  relating  to  the  immovable  property  of  the  Temple  or
unlawfully  held  the  property  of  the  Temple  ;

(f)  has  been  convicted  by  a  criminal  court  of  any  offence  involving

moral  turpitude  ;

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

9

(g)  has,  without  obtaining  leave  of  absence  from  the  Committee,

remained  absent,  —

(i)   for three consecutive  meetings of the  Committee ;
(ii) from India for a continuous period of six months ;

(h) is a paid servant of the Committee or has any share or interest
directly or indirectly in any contract for the supply of the goods to or for
execution of any work, or the performance of any service, undertaken by
the Committee  in respect  of the  Temple Trust  ;

(i) has been found guilty of grave misconduct in the discharge of his
duties  or  being  guilty  of  corruption  or  any  disgraceful  conduct  while
holding  the office  of  the  member of  the  Committee;

(j)  has  been  suspended,  removed  or  dismissed  as  a  Trustee  of  any
public  Trust,  under  section  41-D  or  any  other  provisions  of  the
Maharashtra Public Trusts Act by the Charity Commissioner or Court ;
(k)  is  practicing  as  a  Legal  Practitioner  for  or  against  the  Temple

Trust;

(l) has left India for the purpose of residing abroad.

XXIX of
1950.

12.

(1) The State Government may remove from office, the Chairman,
Vice-Chairman,  Treasurer  or  any  other  member  of  the  Committee,  on  any
of  the  following  grounds,  namely,—

Removal  of
members.

(a)  that  a  member  has  incurred  any  of  the  disqualifications

mentioned  in  section  11  ;

(b)  that  in  the  opinion  of  the  State  Government,  the  standard  of
performance  of  such  person  is  not  found  to  be  satisfactory  or  not  upto
the  expected  performance.
(2)  No  person  shall  be  removed  under  this  section  unless  he  has  been
given  a  reasonable  opportunity  of  showing  cause,  in  writing,  in  the  matter
against  his  removal.

(3)  The  decision  of  the  State  Government  in  this  behalf  shall  be  final.

13.        Notwithstanding  anything  contained  in  the  foregoing  provisions
or  any  other  provisions  of  this  Act,  the  State  Government  may,  by
notification in the Official Gazette, curtail the term of office of the Chairman,
Vice-Chairman,  Treasurer  or  all  or  any  of  the  other  members  holding  office
for  the  time  being  and  appoint  a  new  Chairman,  Vice-Chairman,  Treasurer
and  other  members  either  for  the  remainder  of  the  term  or  for  a  full  term
of  three  years,  as  the  State  Government  may  deem  fit.

Power  to
reconstitute
Committee.

Filling  up  of
casual
vacancy.

14.

In  the  event  of  any  vacancy  occurring  on  account  of  death,
resignation,  disqualification  or  removal  of  a  member  or  on  account  of  non-
acceptance  of  office  by  the  member  or  where  the  appointment  is  set  aside,
or  on  account  of  a  member  becoming  incapable  of  acting  prior  to  the  expiry
of  his  term  of  office,  or  desiring  to  be  relieved  or  discharged  or  refusing  to
act  or neglects  to perform  his duties  as  such member,  the Executive  Officer
shall  forthwith  communicate  the  occurrence  of  the  event  to  the  State
Government  through  the  Management  Committee;  and  the  vacancy  shall
be  filled  in  as  soon  as  conveniently  may  be,  by  appointment  of  a  person
thereto  and  the  member  so  appointed  shall  hold  office  so  long  only  as  the
member  in  whose  place  he  is  appointed  would  have  held  it,  if  the  vacancy
had  not  occurred.
¦ÉÉMÉ +É`ö------68-2

10

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

CHAPTER  IV

CONDUCT OF BUSINESS

Meeting of
Committee,
rules  of
procedure at
its  meeting.

15.

(1) For the transaction of its business, the  Management Committee
shall  meet  at  such  interval  as  it  may  determine,  from  time  to  time,  so
however,  that  not  more  than  thirty  days  shall  elapse  between  the  two
meetings.

(2)  One-half  of  the  number  of  members  of  a  Committee  shall  form  a

quorum  :

Provided that, when a quorum is required but not present, the presiding
authority  shall  adjourn  the  meeting  for  thirty  minutes  and  the  business
which  would  have  been  brought  before  the  original  meeting  had  there  been
a  quorum  thereat,  shall  be  brought  before  the  adjourned  meeting,  whether
there  be  a  quorum  present  or  not.

(3)  Every  meeting  of  the  Committee  shall  be  presided  over  by  the
Chairman  and  in  his  absence  by  the  Vice-Chairman  and  in  their  absence,
by  a  member  elected  for  the  purpose  by  the  members  present.

(4)  All  questions  arising  at  the  meeting  of  the  Committee  shall  be
determined  by  the  majority  of  votes  of  the  members  present.  In  the  case  of
equality  of  votes,  the  Chairman  or  the  person  presiding,  as  the  case  may
be,  shall  have  a  right  to  exercise  a  casting  vote:

Provided  that, the  Chairman  of the  meeting  shall have  a  power to  cast
his first vote in his capacity of a member and thereafter have a second vote
in  his  capacity  as  a  Chairman.

(5)  The  Executive  Officer,  being  the ex  officio  Secretary  of  the
Committee,  shall  be  responsible  for  the  maintenance  of  the  minutes  of  the
proceedings of every meeting, and such minutes shall be duly countersigned
by  the  Chairman  or  by  the  member  presiding  at  the  meeting,  as  the  case
may  be.

(6)  Consistent  with  the  provisions  of  this  Act  and  the  rules  made
thereunder,  the  Committee  shall  make  regulations,  with  the  approval  of
the  State  Government  for  regulating  its  procedure  and  the  conduct  of  its
business.

16.

(1)  There  shall  be  paid  to  each  member  such  honorarium,  and  a
traveling  allowance  and  daily  allowance  for  attending  the  meetings  of  the
Committee  or  for  transacting  any  business  connected  with  duties  as  a
Chairman  or member  to  the place  where  such meeting  are  held or  business
is  transacted  and  for  the  return  journey  from  such  place  at  such  rates,  as
may  be  prescribed.

(2)  Notwithstanding  anything  contained  in  any  other  law  for  the  time
being  in  force  a  member  of  the  State  Legislature  while  holding  the  office
of  a  member  of  the  Committee  who  is  eligible  for  any  allowance  or
honorarium under  sub-section (1) shall  not be  disqualified for  continuing as
a  member  of  the  State  Legislature.

17. No  act  or  proceedings  of  the  Committee  or  of  any  person  acting
as  the  Chairman  or  a  member  of  the  Committee  shall  be  deemed  to  be
invalid  by  reason  only  of  the  existence  of  a  vacancy  amongst  its  members
or  a  defect  in  the  constitution  thereof  or  on  the  ground  that  the  Chairman
or  any  member  of  the  Committee  was  not  entitled  to  vote  or  to  continue
in  office  by  reason  of  any  disqualification  or  by  reason  of  any  irregularity
or  illegality  in  his  appointment.

Honorarium
of  members.

Defect or
vacancy not
to  invalidate
acts.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

11

Duties  and
powers  of
Committee.

18.   (1) Subject to any general or special order of the State Government,

it  shall  be  the  duty  of  the  Committee,—

(a)  to  manage  the  properties  and  affairs  of  the  Trust  efficiently;
(b)  to  make  proper  arrangement  for  the  conduct  and  performance
of  rituals,  worship,  ceremonies  and  festivals  in  the  Temple  according
to  the  custom  and  usages;

(c)  to  provide  necessary  facilities  and  amenities  to  the  devotees;
(d)    to  apply  the  income  of  the  Temple  Trust    to  the  objects  and
purposes  for  which  the  Temple  Trust  is  constituted  and  administered
or  on  the  other  objects  or  purposes  akin  to  the  purposes  of  the  Temple
Trust  or  on  the  purposes  allowed  by  or  under  this  Act;

(e)  to    ensure  due  and  proper  continuance  and  performance  of
worship,  rituals,  ceremonies  or  services  of  the  nitya  or  daily  or
periodical,  general  or  special  in  the  Temple  without  any  break  or
hindrance or without in any way curtailing the form, dignity, grandeur
or manner of  pooja, archana, religious faith, or belief  which were being
performed  in  relation  to  the  deity    in  the  Temple  Trust  immediately
before  the  appointed  day;  taking  particular  care  to  ensure  that,  as  far
as  possible,  darshan,  etc.  of  the  deities  or  prayer  or  worship  in  the
Temple Trust is available to the devotees; appointing person or persons,
on  payment  of  such  remuneration,  and  subject  to  such  terms  and
conditions,  for  performance  of  any  seva  or  service  in  the  Temple,  as
the  Committee  may,  in  the  interest  of  the  better  management  of  the
Temple,  determine;

(f)  with  the  previous  sanction  of  the  State  Government,  to  acquire
or  purchase  land  or  buildings  required  for  the  purpose  of  development
and  carrying  out  schemes  of  the  Temple  Trust  and  to  carry  out  the
objectives  or  purposes  of  the  Trust:

Provided that, before acquiring or purchasing any land or building,
a  certificate  from  the  Government  Approved  Valuer  shall  be  obtained
by  the  Committee  ;

(g)  to  expand  the  library  of  the  literature  of  the Shree  Karveer

Niwasini  Mahalaxmi  (Ambabai)  Devi;

(h)  to  collect  the  daily  offerings,  received  either  in  cash  or  kind
including  dakshina,  bhog,  donation,  subscriptions  and  the  like  in  the
Temple  Trust  or  within  the  precincts  thereof,  to  the  exclusion  of  any
other  person,  and  to  ensure  the  safe-custody  of  the  all  valuable
securities,  jewelleries,  ornaments  and  all  other  offerings  so
collected  :

Provided  that,  the  cash,  offerings  received  in  cash  Box,  Hundi  or
otherwise  shall  be  counted  in  the  presence  of  the  Assistant  Charity
Commissioner,  Kolhapur  or  his  representative  ;  and  where  offerings
received  are  in  kind,  the  Committee  shall  cause  the  valuation  thereof
to  be  determined  by  the  Government  Approved  Valuer  ;

(i)  in  respect  of  Temple  Trust  under  its  control  credit  to  the  Trust
fund  the  cash,  offerings  so  received  and  where  the  offerings  received
in  kind  are  sold,  the  proceeds  thereof,  received  by  the  Committee  ;
(j)  generally  do  all  such  acts  as  may  be  incidental,  conducive  or
necessary  for  the  purposes  of  proper  and  efficient  management,
maintenance  and  administration  of  the  properties  and  affairs  of  the
Temple  Trust    ;  and  to  charge  such  fees  for  providing  services  through
its sevekaris  as  the  Committee  may  from  time  to  time,  determine.

¦ÉÉMÉ +É`ö------68-2+

12

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

(2)  (a)  No  immovable  property  vested  in  the  Temple  Trust  shall  be
leased  for  more  than  a  year,  or  mortgaged,  sold  or  otherwise  alienated,  by
the  Committee  except  with  the  previous  sanction,  in  writing,  of  the  State
Government.

(b)  No  jewellery,  ornament  or    other  valuable  movable  property  vested
in the Temple Trust, the value of which is more than fifty thousand rupees,
shall  be  sold,  pledged  or  otherwise  alienated  by  the  Committee,  except
with  the  previous  sanction,  in  writing,  of  the  State  Government.

(c)  The  Committee  shall  have  no  power  to  borrow  money  from  any
person  or  party,  except  with  the  previous  sanction,  in  writing,  of  the  State
Government.

(d)  Subject  to  the  prior  approval  of  the  State  Government,  the
Committee  shall  have  all  the  powers  not  otherwise  specifically  provided
under  this  Act,  but  are  necessary  for  performing  its  duties  and  functions
under  this  Act.

19.

(1)  Any  person  who  desires  to  sell  flowers,  prasad,  books  and
other literature, pictures and any other material approved by the Committee
or  to  look  after  cars  and  other  vehicles,  bicycles,  shoes,  umbrellas  or  other
personal  effects  within  and  on  the  precincts  of  the  premises  of  the  Temple
Trust shall apply to the Committee for grant of a licence or renewal thereof
in  such  manner  and  within  such  period  as  may  be  provided  by  regulations.

(2)  Every  such  application  shall  be  accompanied  by  such  fee  as  the

Committee  may  specify  in  this  behalf  by  regulations.

(3)  The  Committee  may  grant  or  renew  the  licence  or  for  reasons  to  be

recorded  in  writing  refuse  to  grant  or  renew  the  licence.

(4)  All  the  licences  granted  or  renewed  under  this  section  shall  be
subject  to  the  provisions  of  this  Act  and  the  rules  and  regulations  made
thereunder.

(5)  The  existing  sellers  on  the  appointed  day  may  apply  for  the  license

in  the  manner  as  may  be  laid  down  by  regulations.

20.

(1)  Subject  to  the  provisions  of  sub-section  (2),  the  Committee
may,  for  reasons  to  be  recorded  in  writing,  suspend  or  cancel  a  licence,—

(a) 

if  the 
misrepresentation  or  fraud;

licence  has  been  obtained  through  wilful

(b)  if  the  licensee  or  any  servant  or  any  person  acting  on  his
behalf  with  his  express  or  implied  permission,  commits  a  breach  of
any  of  the  terms  and  conditions  of  the  licence  ;

(c)  if  the  licensee  has  become  an  insolvent  ;  or

(d) if  the licensee  is convicted of  any offence under  this Act  or any

other  offence  involving  moral  turpitude.

(2) No licence shall be suspended or cancelled under this section unless
a  reasonable  opportunity  to  show  cause  against  such  suspension  or
cancellation  has  been  given  to  such  licencee.

Power of
Committee  to
grant licence.

Power  to
cancel or
suspend
licence.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

13

CHAPTER  V

EXECUTIVE OFFICER AND OTHER EMPLOYEES

21.

(1)  The  State  Government  shall  appoint  a  person  to  be  the
Executive  Officer  from  amongst  the  officers  not  below  the  rank  of  the
Deputy  Collector,  for  the  purposes  of  this  Act.  He  shall  hold  the  office
ordinarily  for  a  period  of  three  years  from  the  date  of  his  appointment
unless  his  term  of  office  is  determined  earlier  by  the  State  Government  by
an  order  issued  in  this  behalf  :

Appointment
of Executive
Officer and
other officers
of
Committee.

Provided  that,  the  person  working  as  the  Secretary  of  the Devasthan
Management  Committee,    immediately  before  the  date  of  commencement
of  this  Act  shall  also  work  as  the  Executive  Officer  of  the  Temple  Trust,
till  the  appointment  of  the  Executive  Officer  by  the  State  Government
under  this  sub-section,  and  he  shall  exercise  the  powers  and  duties  of  the
Executive  Officer  under  this  Act  but    shall  not  be  entitled  to  any  salary  or
payment  on  this  count.

(2)  When  a  temporary  vacancy  occurs  in  the  office  of  the  Executive
Officer,  by  reason  of  sickness  or  leave  or  any  other  reason,  the  State
Government shall fill up the vacancy by appointing an officer from amongst
the officers not below the rank of Deputy Collector for the period of absence
of  the  Executive  Officer.

(3)  He  shall  be  the ex-officio  Secretary  of  the  Management  Committee.

(4)  Other  officers  and  employees  of  the  Committee  shall  be  appointed
on  such  terms  and  conditions  of  services  as  may  be  determined  by
regulations  duly  approved  by  the  State  Government.

(5)  The  Executive  Officer  shall,  as  soon  as  may  be,  after  the  appointed
day,  as  the  case  may  be,  prepare  and  submit    a  schedule  setting  forth
therein  the  duties,  designation  and  grades  of  officers,  employees  and  the
particulars  relating  to  the  salaries  and  allowances  or  honorariums  payable
to  them  to  the  State  Government  through  the  Management  Committee  for
the   approval. Such schedule shall come into force on approval of the State
Government. No change shall be made in such schedule without the sanction
of  the  State  Government:

Provided  that,  no  officer  or  employee,  who  is  paid  or  is  to  be  paid  a
salary  of  more  than  three  thousand  rupees  per  month,  shall  be  appointed
by  the  Committee,  without  the  previous  approval  of  the  State  Government.

(6)  The  salary  and  allowances  and  other  expenses  of  the  Executive
Officer  and  other  officers  and  employees  of  the  Committee  shall  be  paid
out  of  the  Management  Fund.

22.    (1)  The  Executive  Officer  shall,  subject  to  the  superintendence,
direction and control of the Committee, have power to carry out its decisions
and  orders  in  accordance  with  the  provisions  of  this  Act  and  the  rules  and
regulations  made  thereunder.

Powers  and
duties  of
Executive
Officer.

(2) Notwithstanding anything contained in sub-section (1), the Executive
Officer  shall  be  responsible  for  the  custody  of  all  records  and  properties  of
the  Temple  Trust  and  shall  make  proper  arrangement  for  collection  of
offerings, dakshina, bhogs    or bhets  and  the  like,  whether  in  cash  or  kind,
made  in  the  Temple  Trust  and  he  shall  have  power,—

(a)  to  take  disciplinary  action  against  any  officer  or  employee  of

the  Committee ;

(b)  to  propose  the  suspension  of  any  officer  or  employee  of  the

Committee  to  the  Committee  ;

14

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

(c)  to  grant  lease  of  the  lands  and  buildings  which  are  ordinarily

leased  out  for  a  period  not  exceeding  one  year  at  a  time  ;

(d)  to  call  for  tenders  for  works  or  for  supplies,  and  accept  such
tender,  when  the  amount  or  value  thereof  does  not  exceed  fifty
thousand  rupees:

Provided  that, the  exercise of  powers  under clauses  (a),  (b)  and  (c)
shall  be  subject  to  the  directions,  if  any,  of  the  Committee,  issued
either  generally  or  specially  in  that  behalf  ;

(e)  to  decide  disputes  between  employees  of  the  Committee  ;

(f)  to  dispose  of  perishable  offerings  by  auction  or  otherwise  and

credit  the  sale  proceeds  to  the  Trust  Fund  ;

(g)  to  undertake  urgent  repairs  required  for  safety  or  convenience

of  the  devotees  ;

(h)  to  do  all  other  acts  and  things,  including  grant  of  licences,
which  he  is  empowered  to  do  by  the  Committee  or  under  the
regulations.

(3)  The  other  officers  and  employees  of  the  Committee  shall  exercise
such  powers  and  perform  such  duties  and  functions  as  are  assigned  to
them  by  the  Committee  or  the  Executive  Officer  or  under  the  regulations
made,  from  time  to  time.

23.  The  Executive  Officer  may,  in  case  of  emergency,  direct  execution
of  any  work  or  the  doing  of  any  act,  involving  expenditure  not  exceeding
rupees  one  lakh  which  is  not  provided  for  in  the  budget  for  the  year  and
the  immediate  execution  or  the  doing  of  which  is  in  his  opinion  necessary
for  the  preservation  of  the  properties  of  the  Temple  Trust    or  the  services
or  safety  of  the  pilgrims  resorting  to  the  Temple  and  may  also  direct  that
such  expenses  not  exceeding  one  lakh  rupees  for  executing  such  work  or
doing  of  such  act,  shall  be  paid  from  the  Trust  Fund.

24.  (1)  The  Executive  Officer  shall  be  the  servant  of  the  State
Government,  but  he  shall  draw  his  salary  and  allowances  directly  from  the
Management  Fund  ;  and  his  conditions  of  service  on  deputation  to  the
Committee  shall  be  such  as  may  be  determined  by  the  State  Government.

(2)  The  terms  and  conditions  of  service,  qualifications,  method  of
recruitment,  their  duties  and  functions,  pay,  allowances,  honorarium,
discipline  and  conduct  of  the  other  officers,  servants,  employees  of  the
Committee,    shall  be  such  as  may  be  determined  by  the  Committee  with
the approval of the State Government; and as far as may be practicable, but
subject to the provisions of this Act, they shall not be inferior to the existing
conditions  of  service.  Their  pay  and  allowances  shall  be  paid  from  the
Management  Fund.

(3)  There  shall  be  paid  every  year  out  of  the  Management  Fund  to  the
State  Government  such  costs  or  amount  as  the  State  Government  may
determine  on  account  of  pension,  leave  and  allowances  (other  than  those
drawn  from  the  Management  Fund)  payable  to  the  Executive  Officer.

Emergency
power of
Executive
Officer.

Terms  and
conditions  of
service of
Executive
Officer, other
officers  and
employees.

Allocation  of
employees  of
public  Trust
to  Temple
Trust.

25.

 (1) Subject  to the  provisions  of sections  5,  6  and other  provisions
of  this  Act,  any  person  who  is  working  on  the  establishment  of  the
Devasthan  Management  Committee,  immediately  before  the  appointed  day
and  is  selected  by Devasthan  Management  Committee  to  serve  on  the
establishment  of Shree  Karveer  Niwasini,  Mahalaxmi  (Ambabai)  Temple,
Kolhapur  shall  be  deemed  to  have  been  allocated  and  appointed  as  from

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

15

the  appointed  day,  for  service  under  the  Committee  in  connection  with  the
affairs  of  the  Trust  on  the  same  salary  and  other  terms  and  conditions  of
service which were applicable to him immediately before the commencement
of  this  Act  and  such  conditions  of  service  shall  not  be  varied  to  his
disadvantage  or  such  employee  shall  not  be  removed  from  service  by  the
Committee,  except  with  the  previous  approval  of  the  State  Government.

(2)  Such  selected  person  shall  be  the  employee  of  the Shree  Karveer
Niwasini,  Mahalaxmi  (Ambabai)  Temple  Trust,  Kolhapur  re-constituted
under  sub-section  (1)  of  section  3.

26. Subject to the provisions of this Act and the rules and regulations
made  thereunder,  the  Committee  may  inflict  any  of  the  punishment  shown
below, for breach of trust, incapacity, disobedience of lawful order or neglect
of,  or  wilful  absence  from  duty,  disorderly  behaviour  or  conduct  derogatory
to  the  discipline  or  dignity  of  the  Temple  Trust  or  for  any  other  sufficient
cause,  namely  :—-

Punishment
by
Committee.

(a)  removal,  from  service  ;

(b)  recovery,  from  emoluments  or  perquisites,  of  the  whole  or  part
of  any  pecuniary  loss  caused  to  Temple  by  negligence  or  breach  of
order  or  disorderly  behavior  or  conduct  ;

(c)  any  other  minor  punishment  as  may  be  prescribed  with  the

prior  approval  of  the  State  Government.

27.

(1)  Every  post  or  vacancy,  whether  permanent  or  temporary,
amongst  the  officers  and  employees  of  the  Temple  Trust  shall  be  filled  in
by  the  Committee.

(2)  No  person  shall  be  considered  for  appointment  to  any  post  or
vacancy  under  sub-section  (1)  on  the  ground  merely,  that  he  is  entitled  for
such  appointment  according  to,—

Appointment
of  officers
and
employees.

(i)  any  scheme  framed,  agreement  entered  or  judgement,  decree
or  order  passed  by  any  court,  tribunal  or  other  authority  prior  to  the
appointed  day  ;

(ii)      any  custom  or  usage  ;  or
(iii)    the  principle  that  he  is  next  in  the  line  of  succession  to  the

last  holder  of  office.

CHAPTER  VI

FUNDS OF THE TEMPLE TRUST

28.

(1)  There  shall  be  constituted  a  fund  to  be  called  by  the  name  of
Shree  Karveer  Niwasini,  Mahalaxmi  (Ambabai)  Temple  Trust  Fund  which
shall  vest  in  the  Temple  Trust.

Trust Fund.

(2)  The  following  shall  form  part  of,  or  be  paid  into,  the  said  fund,–

(a)  all  funds  vested  in  the  Trust  or  religious  institution,  by  virtue

of  the  provisions  of  section  3  ;

(b)  all  sums  received  by  way  of  offerings,  gifts  or  donations  by  the
Trust  or  religious  institution  or  by  way  of  puja  charges  of  any  nature
whatsoever,  or  by  way  of  sale  proceeds  by  auction  of  things  received
in  kind  ;

(c)  income  derived  from  the  movable  and  immovable  properties  of
the  Trust  and  the  proceeds  of  sale,  lease,  licence  or  other  transfer  or
mortgage  of  any  such  properties  ;

16

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

(d)  any  contributions  or  grants  made  to  the  Temple  Trust  by
Government  or  by  any  local  authority,  Trust  or  other  institution  or
party  or  person  ;

(e)  any  sum  due  to  the  Temple  Trust    and  recovered  by  the

Committee  ;

(f)  any  sum  borrowed  by  the  Committee  ;

(g)  any  fees,  fines  and  penalties,  if  any,  recovered,  and  all

recoveries  made  by  the  Committee,  under  this  Act  ;  and

(h)  all  other  sums  including  licence  fees  and  lease  rent  received
or  collected  by  the  Committee  or  a  member  or  officer  or  employee
thereof,  for  or  on  behalf  of  the  Temple  Trust.

(3)  All  monies  and  other  valuable  articles  belonging  to  the  Trust  Fund
shall  be  deposited  or  kept  in  the  Nationalized  Bank  as  defined  in  the
Reserve  Bank  of  India  Act,  1934  or  be  invested  in  “the  public  securities”  as
defined  in  clause  (12)  of  section  2  of  the  Maharashtra  Public  Trusts  Act,
and  in  accordance  with  such  guidelines  as  may  be  issued  by  the  State
Government,  from  time  to  time.

II  of
1934.
XXIX of
1950.

(4)  The  Trust  Fund  shall  be  operated  by  an  office  bearer  or  a  member
of  the  Managing  Committee  and  an  officer  of  the  Committee  as  are
authorised  by  the  Committee  in  this  behalf  in  the  manner  and  subject  to
such  conditions  as  may  be  prescribed.

Utilization  of
Trust Fund.

29.     (1)  The Trust  Fund shall,  subject to  the provisions  of the  Income
Tax  Act,  1961,  be  utilised  or  expended  by  the  Committee  for  all  or  any  of
the  following  purposes,  namely  :—

43 of
1961.

(a) the maintenance, management and administration of the Temple

and  of  the  properties  of  the  Trust  ;

(b)  training  of sevaks  to  perform  religious  worship  and  ceremonies

in  the  Temple  ;

(c) the conduct and performance of the rituals, worship ceremonies
and festivals in the Temple Trust according to the customs and usages ;

(d)  providing  facilities  and  amenities  to  the  devotees  for  darshan
of the deity and for offering prayers or performing any religious service
or  ceremony  in  the  Temple  Trust  ;

(e)  to  provide  meals  to  the  devotees  and  to  run Annachhatra  ;

(f)  for  propagating  the  teachings  of  the  deity,  or  religious  tenets

in  any  Hindu  religious  Institution  ;

(g)  repayment  of  any  sum  borrowed  by  the  Committee  ;

(h)  any sum  required to  satisfy any  judgement, decree  or award  of

any  court,  tribunal  or  any  authority  ;

(i)  the  payment  of  any  taxes,  rent,  compensation,  charges  and
other  sum  payable  by  the  Temple  Trust    under  any  law  for  the  time
being  in  force  ;

(j) subject to the provisions of clause (l) of sub-section (1) of section
18,  for  the  development  of  the  properties  of  the  Temple  Trust  ;  or  for
acquisition  of  movable  or  immovable  properties  ;

(k)  construction  and  maintenance  of  rest  houses, Dharmashalas
or  dormitories  for  the  accommodation  and  use  of  the  devotees  ;  and

(l)  for  fulfilling  the  duties  and  powers  specified  in  section  18.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

17

(2)  After  making  adequate  provision  for  the  purposes  referred  to  in
sub-section  (1),  if  there  is  a  surplus  in  the  Trust  Fund,  a  portion  of  the
surplus,  being  not  more  than  thirty  per  cent  of  the  distributable  income  of
the  Trust,  may  be  utilized  and  expended,  from  time  to  time,  by  the
Committee,  for  the  maintenance  and  to  carry  out  the  expenses  of  the
Devasthan  Management  Committee.

30.

(1)  There  shall  be  constituted  a  separate  fund  to  be  called  the
Management  Fund  which  shall  vest  in,  and  be  under  the  control  of,  the
Committee.

Management
Fund  and  its
utilization.

(2)  Having  regard  to  the  balance,  if  any,  available  in  the  Management
Fund,  there  shall  be  placed  to  the  credit  of  this  Fund,  every  year,  such
sum, not exceeding twenty per cent of the gross annual income of the Trust
in  the  last  preceding  year,  as  may  be  fixed  by  the  Committee,  with  the
approval  of  the  State  Government.  The  State  Government  may,  at  any
time,  if  found  necessary,  direct  any  additional  sum  to  be  credited  to  this
Fund  from  the  Trust  Fund  in  any  year.

(3)  The  Management  Fund  shall,  subject  to  any  general  or  special

order  of  the  State  Government,  be  applied  to  —

(a) the payment of travelling and daily allowances to the Chairman,
Vice-Chairman  and  Treasurer  and  other  members  of  the  Committee
and  the  outsider  members  of  the  sub-committee  constituted  under  the
Act;

(b) the payment of salaries and allowances of the Executive Officer
and  other  officers  and  employees  of  the  Committee  and    honorarium
to  the sevekaris;

(c) the payment of any expenses lawfully incurred by the Committee
or by any office bearer or member or officer or employee, in the exercise
of  their  powers  and  performance  of  their  duties  and  functions  under
this  Act.

(4)  The  Management  Fund  shall  be  operated  in  same  manner  as  the

Trust  Fund  is  operated  under  sub-section  (4)  of  section  28.

31. The Committee may, install one or more receptacles such as Hundi
or  Cash  Box  or  both  at  such  place  or  places  in  the  Temple  or  within  the
precincts  thereof  as  it  may  think  fit  for  placing  of  offerings  by  the  pilgrims
and  devotees  visiting  the  Temple.

Offerings
received in
cash  or  kind.

CHAPTER  VII

BUDGET, ACCOUNTS AND AUDIT

32.

(1)  The  Executive  Officer  shall,  at  least  one  month  before  the
commencement  of  each  financial  year,  prepare  in  the  prescribed  manner
and  form  a  budget  estimate  of  receipts  and  expenditure  of  the  Temple
Trust  for  the  following  year,  and  place  it  before  the  Committee  which  may
approve  it  without  modifications  or  with  such  modifications  as  it  may
deem  fit.

Executive
Officer to
submit
budget  to
State
Government.

(2)  Every  such  budget  shall  make  adequate  provision  for,—

(a)  the  scale  of  expenditure  including  any  customary

expenditure ;

(b)  the  due  discharge  of  all  liabilities  binding  on  the  Trust  ;

¦ÉÉMÉ +É`ö------68-3

18

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

(c)  expenditure  on  religious,  educational  and  charitable  purposes
including  donations to  other  Trusts or  religious  institutions or  patients
consistent  with  the  objects  of  the  Temple  Trust  or  as  provided  or
authorised  by  or  under  the  provisions  of  this  Act  ;

(d)  for  the  encouragement  and  the  spread  of  religious  instructions

according  to  the  tenets  of  the  Temple  Trust  ;

(e)  expenditure  on  construction  repairs  and  renovations  of  the
buildings  and  preservation  and  protection  of  the  properties  and  assets
of  the  Temple  Trust  ;  and

(f) the amount of expenditure that may be incurred by a Committee
or  the  Executive  Officer  towards  the  administration  of  the  Temple
Trust.

Accounts.

33.

(1)  The  Committee  shall  keep  regular  accounts  of  all  receipts  and
disbursements for each financial year and the accounts shall contain all the
particulars  as  may  be  prescribed.

(2)  Wherever  the  State  Government  has  reason  to  believe  that,—

(a)  the  Committee  is  not  keeping  regular  accounts  of  all  receipts

and  disbursements  as  required  under  sub-section  (1);  or

(b)  the  expenditure  in  relation  to  a  Temple  Trust  is  not  being

incurred  in  accordance  with  the  budget  ;  or

(c)  it  has  become  necessary  to  ascertain  the  fiscal  position  of  the

Temple  Trust,

the  State  Government  may  direct  the  Committee,—

(i)  to  furnish  true  and  audited  accounts  of  the  Temple  Trust  and

in  relation  to  such  period  as  may  specify  ;  or

(ii)  where  the  accounts  are  not  annually  audited,  to  get  the
accounts  in  relation  to  such  period  as  it  may  specify,  audited  by  the
Chartered  Accountant  appointed  under  sub-section  (1)  of  section  34.

Audit.

34. (1) The  accounts shall  be audited  or cause  to be  audited every  year
by  the  Committee  in  accordance  with  the  manner  provided  in  rules  made
in  this  regard,  and  such  rules  shall  also  include  the  provisions  for
appointment  of  auditor  and  remuneration  which  shall  be  paid  to  such
auditor  from  the  Trust    Fund.

(2) Every auditor conducting any audit under this Act, shall have access
to  the  accounts  and  to  all  books,  vouchers,  other  documents  and  records  in
possession  of,  or  under  the  control  of,  the  Committee.  The  Committee  and
the  Executive  Officer  shall  provide  to  such  auditor  all  facilities  for  such
access.

(3)  The  auditor  shall  submit  his  report  to  the  Committee.

CHAPTER  VIII

CONTROL

Power  of  State
Government to
give direction,
call  for  report,
document, etc.

35.  (1)  The  State  Government  may,  give  to  the  Committee  general
directions  as  to  the  matters  of  policy  to  be  followed  by  the  Committee  in
respect  of  its  powers  and  duties  or  in  the  matter  of  administration  of  the
Temple  Trust  and  any  matter  ancillary  or  incidental  thereto;  and  in
particular,  for  any  action  to  be  taken  for  the  purpose  of  maintaining
discipline  and  order  during  the  festivals  in,  or  connected  with,  the  Temple.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

19

(2)  The  State  Government  or  an  officer  authorised  by  the  State
Government  in  that  behalf  may, suo  moto  or  on  an  application  made  to  it
by  any  person  having  interest  in  the  Temple,  call  for  such  information,
accounts, report or other documents or copies or extracts therefrom, relating
to  the  Temple  Trust  as  considered  necessary  to  satisfy  itself  or  himself
that  the  Temple  Trust  is  being  properly  maintained  and  administered,  and
whether  the  Trust  Fund  is  being  duly  appropriated  to  the  purposes  for
which it is constituted, and the said Temple Trust shall, on such requisition,
furnish  forthwith  the  information,  accounts,  report  or  other  documents  or
copies  or  extracts  therefrom,  to  the  State  Government,  or  as  the  case  may
be,  to  such  authorised  officer.

36. The  State  Government  may,  depute  any  officer  not  below  the
rank  of  Deputy  Secretary  wherever  considered  necessary,  to  inspect  any
movable  or  immovable  property,  records,  correspondence,  plans,  accounts
and other documents relating to the Temple; and thereupon the Committee,
its  officers  and  employees  shall  be  bound  to  afford  all  facilities  to  such
officers  for  inspection.

Inspection  by
Government.

Power of
State
Government
to  suspend  or
rescind any
resolution or
order, etc. of
Committee,
in  certain
cases.

37.

(1)  If,  in  the  opinion  of  the  State  Government,  the  execution  of
any  resolution,  decision  or  order  of  the  Committee  or  that  the  doing  of  any
act  which  is  about  to  be  done  or  is  being  done  by  or  on  behalf  of  the
Committee  in  contravention  of  or  in  excess  of  the  powers  conferred  by  or
under  this  Act  or  any  other  law  for  the  time  being  in  force,  or  is  likely  to
lead  to  abuse  or  misuse  of,  or  to  cause  waste  of  the  Trust  Fund  or
Management  Fund,  or  is  likely  to  cause  injury  or  annoyance  to  the  public
or  is  against  public  interest,  or  is  likely  to  lead  to  a  breach  of  the  peace  or
is  unlawful,  it  may,  by  order  in  writing,  suspend  or  cancel,  the  execution
of  such  resolution  or  order  or  prohibit  the  doing  of  any  such  act  for  such
period  as  it  may  specify  therein.  When  the  State  Government  makes  any
order,  it  shall  forthwith  forward  to  such  Committee  a  copy  of  the  order,
indicating  therein  the  reasons  for  making  it.

(2)  Within  thirty  days  from  the  date  of  the  receipt  of  such  order,  the
Committee  may,  if  it  thinks  fit  make  representation  to  the  State
Government,  in  writing  indicating  therein,  why  the  order  of  the  State
Government  should  be  rescinded,  revised  or  modified.  If  no  such
representation  is  received  by  the  State  Government  within  the  prescribed
time,  it  shall  presume  that  the  Committee  has  no  objection  if  the  order  of
the  Government  is  confirmed  :

Provided  that,  the  State  Government  shall  before  making  such  order
take  into  consideration  the  representation  of  the  Committee,  if  received
before  such  an  order  is  made.

(3)  On  receipt  of  such  representation  from  the  Committee,  the  State
Government  may,  within  a  period  of  six  months  from  the  date  of  receipt  of
such  representation,  rescind  the  order  or  may  revise  or  modify  or  confirm
the  order  or  direct  that  the  order  shall  continue  to  be  in  force  with  or
without  modification.

(4)  In  a  case  where  the  record  of  any  proceeding  or  decision  or  order
of  the  Committee  is  called  for  by  the  State  Government  under  sub-section
(1),  it  may  stay  the  execution  of  any  such  decision  or  order  pending  the
exercise  of  its  power  under  sub-section  (1).
¦ÉÉMÉ +É`ö------68-4

20

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

Public
Officers  to
furnish copies
or  extracts
from  certain
documents.

Dissolution
and
supersession  of
Committee.

38.        All  public  officers  having  custody  of  any  record,  register,  report
or  other  documents  relating  to  the  Temple  Trust  or  to  any  movable  or
immovable  property  thereof  shall  furnish  such  copies  of,  or  extracts  from,
the same as may be required by the Committee or by the Executive Officer.

39.  (1)  If,  the  State  Government  is  of  the  opinion  that  the  Committee
appointed  under  this  Act  is  not  competent  to  perform,  or  makes  persistent
default  in  performing  the  duties  imposed  on  it  by  or  under  this  Act  or  any
other  law  for  the  time  being  in  force  or  the  rules  made  thereunder,  or  fails
in  complying  with  the  lawful  directions,  including  those  arising  out  of
audit  of  accounts  of  the  Temple  Trust  or  out  of  inspection  of  its  office,  the
property or work thereof, or exceeds or abuses its powers, or if it is necessary
or  expedient  for  any  other  reason  whatsoever  which  may  be  considered
sufficient by the State Government, it may, after due inquiry, by notification
in  the Official  Gazette,  curtail  the  term  of  office  bearers  and  members  of
the  Committee  and  dissolve  the  Committee  and  constitute  another
Committee  within  a  period  of  six  months  from  the  date  of  dissolution  ;  or
supersede the Committee by a like notification for such period not exceeding
six  months,  as  the  State  Government  may  deem  fit,  and  communicate  to
the Committee in writing, the ground on which it is dissolved or superseded.

(2)  Where  the  Committee  is  dissolved  or  superseded  under  sub-section
(1),  the  State  Government  shall  appoint  for  a  specified  period,  a  person  to
be  an  Administrator  from  amongst  the  persons  in  the  service  of  the  State
Government  or  from  the  persons  who  have  retired  from  such  service  (such
person  not  being  below  the  rank  of  a  Collector)  to  exercise  the  powers  and
to  perform  the  functions  of  the  Committee  under  this  Act,  until  the
constitution  of  another  Committee  or  till  the  expiry  of  the  period  of
supersession,  as  the  case  may  be.

(3)  The  State  Government  may,  by  order  issued  in  that  behalf,  fix
remuneration and other conditions of service of the Administrator appointed
under  sub-section  (2).  His  remuneration  and  allowances  shall  be  paid  from
the  Management  Fund.

Offences.

40. Whoever,  —

CHAPTER  IX

OFFENCES AND PENALTIES

(a) whose  duty  is  to  perform  the  rituals  of  the  Trust  or  puja  or
archana  of  the  deity,  fails  or  refuses  to  perform  such  duties  or  having
reason  to  believe  that  non  -  performance  of  the  duties  would  cause  the
delay in the performance of rituals or puja or archarna or inconvenience
and harassment to the public or any section thereof entitled to worship
in  the  Temple  and  wilfully  disobeys  or  fails  to  comply  with  lawful
orders  of  the  Committee  directing  him  to  perform  his  duties  without
prejudice  to  the  results  of  a  proper  adjudication  of  such  claims  or
disputes,  such  person;  or

(b)  unauthorisely  performs  any  rituals, archana  to  any  deity  as  a

sevekari  within  the  premises  of  the  Temple  Trust  ;  or

(c)  voluntarily  causes  obstruction  by  use  of  force  or  otherwise  to

any sevekari  in  the  due  performance  of  his  duties  ;  or

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

21

(d)  wilfully  does  any  act  whereby  the  “bhog”,  idol,  deity  or  any

place  of  worship  in  the  Temple  Trust    is  deified  ;  or

(e) unauthorisedly exhibits any “thali” or other receptacle or solicits
in  such  manner  as  might  reasonably  induce  any  person  to  place  any
offering  whether  in  cash  or  in  kind,  in  such  “thali”  or  other  receptacle
or  solicits  money  in  any  other  manner  whatsoever  ;  or

(f) not being authorised by the Committee or the Executive Officer,
interferes  with  the  movements  of  person  or  with  any  regulatory
measures  therefor  within  the  premises  of  the  Temple  Trust    ;  or

(g)  forcibly  enters  into  any  place  within  the  Temple  Trust  when
such  entrance  is  prohibited  under  any  law  or  custom  or  under  any
lawful  order  passed  by  the  Committee  or  the  Executive  Officer  ;  or

(h)  takes  inside  the  premises  of  the  Temple  Trust  any  article
knowing  that  the  taking  of  such  article  is  prohibited  under  any  law  or
custom  or  by  any  declaration  made  and  published  in  the  prescribed
manner  by  the  Committee  with  due  regard  to  the  prevailing  custom,
public  health,  morality  or  the  religious  sentiment  of  the  public  ;  or

(i)  refuses  or  wilfully  fails  to  furnish  any  reports,  statements,

accounts  or  other  information  called  for  under  this  Act  ;  or

(j)  contravenes  or  attempts  to  contravene  or  abets  the
contravention  of  any  of  the  provisions  of  this  Act  or  of  any  rules  made
thereunder  other  than  those  for  which  penalty  has  been  specifically
provided  under  this  Act,

shall,  without  prejudice  to  any  other  action  taken  against  him  under
any  other  provisions  of  this  Act,  on  conviction,  be  punishable  with
imprisonment  which  may  extend  to  one  month  and  with  fine  which  may
extend  to  ten  thousand  rupees.

Penalty  for
wrongful
withholding
of property
belonging to
Temple
Trust.

41. Any  person  who,  —

(a)  having  in  possession,  custody  or  control  of  any  property,
document  or  books  of  accounts  belonging  to  the  Temple  Trust  ,  the
management  and  control  of  which  has  been  regulated  under  the
provisions  of  this  Act  or  the  rules  framed  thereunder,  wrongfully
withholds  such  property  or  documents  or  books  of  accounts  from  the
Temple  Trust  or  any  other  person  duly  authorised  by  the  Government
or  the  Committee  to  inspect  or  call  for  the  same  ;  or

(b)  wrongfully  obtains  possession  of,  or  retains  any  property,
document  or  books  of  accounts  of  Temple  Trust    or  wilfully  withholds
or  fails  to  furnish  or  to  deliver  to  the  Committee  or  any  other  person
authorised  by  it  in  this  behalf  ;  or

(c)  wrongfully  removes,  destroys  or  mutilates  property,  documents

or  books  of  accounts  of  the  Temple  Trust;

shall, on conviction, be punishable with imprisonment for a term which
may  extend  to  one  year,  and  with  fine,  which  may  extend  to  ten  thousand
rupees.

¦ÉÉMÉ +É`ö------68-4+

22

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

Preparation
and
maintenance
of  registers
by  Temple
Trust.

CHAPTER  X

PREPARATION AND MAINTENANCE OF REGISTERS BY THE TRUST

42.

(1) For the Temple Trust, there shall be prepared and maintained,

in  such  form  and  manner  as  may  be  prescribed,  a  register  showing,—

(a)  the  origin  and  history  of  the  Temple  Trust,  and  the  names  of

the  past  Committee  members  including  the  present;

(b)  particulars  of  the  scheme  of  administration,  if  any,  and  of  the

scale  of  expenditure  ;

(c)  the  name  of  all  offices  to  which  any  salary,  emolument  or
perquisite  is  attached  and  the  nature,  time  and  conditions  of  service
in  each  case  ;

(d) the money, jewels, gold, silver, precious stones, vessels, utensils,
articles  and  other  movable  properties  of  the  Temple  Trust  with
their  weights,  details  of  the  constituent  elements  and  estimated  value
thereof  ;

(e)  particulars  of  immovable  properties  and  all  other  endowments

of  the  Temple  Trust    and  all  title  deeds  and  other  documents  ;

(f)  detailed  particulars  of  constituent  elements  of  and  coloured
photographs  of  the  idols  and  other  images  in  or  connected  with  the
Temple  Trust    whether  intended  for  worship  or  for  being  carried  in
procession  ;    and

(g)  particulars  of  ancient  or  historical  records  with  their  contents

in  brief.

(2)  The  register  shall  be  prepared,  signed  and  verified  by  a  member  of
the  Committee  so  authorised  by  it  or  by  the  Executive  Officer  of  the
Committee.

CHAPTER  XII

MISCELLANEOUS

Suits  and
other
proceedings
by  or  against
Trust  or
Committee.

Continuance
of  legal
proceedings
by  or  against
erstwhile
public  Trust
and
construction
of references
to  that  Trust.

43.  In  all  suits  and  other  legal  proceedings  by  or  against  the  Temple
Trust    or  the  Committee,  the  pleadings  shall  be  signed  and  verified  by  the
Executive  Officer  and  all  processes  in  such  suits  and  proceedings  shall  be
issued  to,  or  served  on,  the  Executive  Officer.

44.    (1)  Where  the  erstwhile  Temple  Trust  or  any  Trustees  or
Committee  thereof  was,  immediately  before  the  appointed  day,    a  party  to
any  legal  proceedings  with  respect  to  any  property,  rights,  liabilities  or
obligations  since  vested  in  the  reconstituted  Temple  Trust    under  section
3, by the name of the erstwhile public Trust , the said reconstituted Temple
Trust  or  its  Committee,  shall  be  deemed  to  have  been  substituted  for  the
erstwhile  public  Trust  or  its  Trustees  or  Committee,  as  a  party  to  those
proceedings,  or  added  to  as  a  party  thereto,  as  the  case  may  be,  and  the
proceedings  shall  continue  accordingly.

(2)  Any  reference  to  the  erstwhile  public  Temple  Trust    or  its  Trustees
or  Committee  in  any  law  for  the  time  being  in  force  or  in  any  rule,
regulations,  notification  or  order  issued  thereunder,  or  in  any  instrument

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

23

or  other  document  shall,  on  and  after  the  appointed  day,  or  the  date  of
commencement of this Act, as the case may be, unless the context otherwise
requires,  be  construed  as  a  reference  to  the  Trust,  reconstituted  under
section  3  or  its  Committee,  as  the  case  may  be.

45.        (1)  The Committee  shall  cause to  be  prepared  an annual  report,
including  the  administration  report  of  the  Temple  Trust  and  Auditor’s
report  for  each  financial  year  ending  on  the  31st  March,  showing  therein
the financial status and the details of income and expenditure of the Temple
Trust  with  a  detailed  list  together  with  the  relevant  information  of  donee
institutions (with full address), and submit such report, list and information
to  the  State  Government  not  later  than  the  30th  June  of  that  year.

(2)    A  copy  of  the  report  received  under  sub-section  (1)  shall  be  laid,
by  the  State  Government,  as  soon  as  may  be,  after  it  is  received,  before
each House of the State Legislature, and a copy of the report or any extracts
thereof  shall  be  furnished  by  the  Trust  to  any  person  demanding  the  same,
on  payment  of  such  reasonable  fees  or  charges  as  determined  by  the
Committee.

46. The  members,  the  Executive  Officer  and  all  the  officers  and
employees of the Temple Trust  shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code and of clause (c) of section
2 of the Prevention of Corruption Act, 1988.

45 of
1860.

49 of
1988.

47. No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against
the State Government, or its servant, the Committee or any member, officer
or  employee  of  the  Committee,  for  anything  which  is  done  in  good  faith  or
intended  to  be  done  under  this  Act  or  the  rules  and  regulations  made
thereunder.

XXIX of
1950.

48. The  provisions  of  this  Act  shall  have  effect,  notwithstanding
anything  contained  in  the  Maharashtra  Public  Trusts  Act  or  any  other  law
for the time being in force, or in any scheme of management framed thereunder
before  the  appointed  day  or  in  any judgement,  decree  or  order  of  any  court,
tribunal,  Charity  Commissioner  or  other  Competent  Authority  or  in  any
custom,  usage  or  instrument.

Mah.
XVIII of
2000.

49.

(1)  Notwithstanding  anything  contained  in  the  Maharashtra  Rent
Control Act, 1999, the provisions of the said Act shall not apply to any tenancy
created in respect of the property of the Temple Trust as reconstituted under
this Act or to any accommodation provided by   Temple Trust .

Mah.
XVIII of
2000.

(2)  For  the  removal  of  doubt  it  is  hereby  declared  that  any  suit  or
proceeding  instituted  by  a  tenant  in  respect  of  any  building  or  part  thereof
owned  by  tempel  Trust    to  which  the  provisions  of  the  Maharashtra  Rent
Control Act, 1999 shall not apply, pending before any Court or other authority,
shall stand abated and all rights and privileges conferred by the said Act or
by  any  other  law  for  the  time  being  in  force  shall  cease  and  shall  become
unenforceable.

(3)  Nothing  contained  in  this  section  shall  be  deemed  to  render  invalid
any suit or  proceeding in which a  decree or order passed  has been executed
or satisfied in full before the date of coming into force of this Act.

Annual report

of

Committee.

Members of
Committee
and officers
and
employees of
Trust to be
public
servants.

Protection  of
action  taken
in  good  faith.

Act to
override other
laws, etc.

Provisions of
the
Maharashtra
Rent Control
Act, 1999 not
to apply.

24

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

Resistance  or
obstructions
in  obtaining
possession  of
property of
Temple
Trust.

50.      (1)  If  in  obtaining  possession  of  property  of  the  Temple  Trust  ,
to  which  it  is  entitled  under  section  3  or  otherwise,  the  Committee  or  the
Executive  Officer  is  resisted  or  obstructed  by  any  person,  the  Executive
Officer  may  make  an  application  to  the  Executive  Magistrate  having
jurisdiction,  complaining  of  such  resistance  or  obstruction,  and  such
Magistrate  shall,  unless  he  is  satisfied  that  the  resistance  or  obstruction
was  occassioned  by  any  person  claiming  in  good  faith  to  be  in  possession
on  his  own  account  or  by  virtue  of  some  right,  independent  of  that  of  the
Temple  Trust,  make  an  order  that  the  Committee  or  the  Executive  Officer
be  put  into  possession  of  such  property.  Such  order  shall,  subject  to  the
result of any suit which may be filed to establish the right to the possession
of  the  property,  be  final.

(2)  If  any  person  refuses  or  fails  to  comply  with  the  order  made  under
sub-section  (1)  within  thirty  days  of  the  date  of  such  order,  the  Executive
Magistrate,  may  evict  that  person  therefrom  and  take  possession  of  the
property  and  deliver  the  same  to  the  Committee  or  the  Executive  Officer
and  for  that  purpose,  use  such  force  as  may  be  necessary.

Power  to
make  rules.

51.

(1)  The  State  Government  may,  by  notification  in  the Official

Gazette,  make  rules  to  carry  out  the  purposes  of  this  Act.

(2) In particular and without prejudice to the generality of the foregoing
provisions,  such  rules  may  provide  for  all  or  any  of  the  following  matters,
namely  :—

(a)  the  declaration  form  under  clause  (b)  of  sub-section  (1)  of

section  10;

(b)  the  honorarium,    travelling  allowance  and  daily  allowance  to

be  paid  to  each  member  under  sub-section  (1)  of  section  16;

(c)  any  other  minor  punishment  under  clause  (c)  of  section  26;

(d)  the  conditions  and  manner  of  operating  accounts  by  the  office
bearer  or  a  member  of  the  Committee  under  sub-section  ( 4)  of
section  28  ;

(e)  the  manner  and  form  of  budget  under  sub-section  (1)  of

section  32;

(f)  the  rules  for  doing  the  audit  of  accounts  under  sub-section  (1)

of  section  34;

(g) the form of register and manner of its maintenance under  sub-

section  (1)  of  section  42;

(h)  any  other  matter  which  is  to  be,  or  may  be,  prescribed  under

this  Act.

(3)  Except  when  rules  are  made  for  the  first  time,  rules  made  under

this  Act  shall  be  subject  to  the  condition  of  previous  publication  :

Provided  that,  if  the  State  Government  is  satisfied  that  circumstances
exist  which  render  it  necessary  to  take  immediate  action,  it  may,  after
recording the reasons therefor in the notification, dispense with the previous
publication,  of  any  rule  to  be  made  under  this  section.

(4)  Every  rule  made  under  this  section  shall  be  laid  as  soon  as  may  be
after  it  is  made  before  each  House  of  the  State  Legislature  while  it  is  in
session  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one
session or in two successive sessions, and if, before the expiry of the session
in  which  it  is  so  laid  or  the  session  immediately  following,  both  Houses

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, BÊ|É±É 12, 2018/SÉèjÉ 22, ¶ÉEäò 1940

25

agree in making any modification in the  rule or both Houses agree that the
rule  should  not  be  made,  and  notify  such  decision  in  the Official  Gazette,
the  rule  shall  from  the  date  of  publication  of  such  notification  have  effect
only in such modified form or be of no effect as the case may be; so however
that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the
validity  of  anything  previously  done  or  omitted  to  be  done  under  that  rule.

52.

(1)  The  Committee  may  make  regulations,  not  inconsistent  with
this Act or any rules made thereunder, which may be necessary or expedient
for  the  purpose  of  carrying  out  its  duties  and  functions  under  this  Act.

Power  to
make
regulations.

(2)  No  regulations  made  by  the  Committee  shall  come  into  force  until
it  has  been  confirmed,  with  or  without  modification,  by  the  State
Government  or  by  the  Charity  Commissioner  when  so  authorised  by  the
State  Government  in  that  behalf.

(3)  All  regulations  made  under  this  section  shall  be  published  in  the

Official  Gazette.

53.

(1)  If  any  difficulty  arises  in  giving  effect  to  any  of  the  provisions
of  this  Act,  the  State  Government  may,  as  occasion  arises,  by  an  order
published  in  the Official  Gazette,  do  anything  not  inconsistent  with  the
provisions  of  this  Act,  which  appears  to  it  to  be  necessary  or  expedient  for
the  purpose  of  removing  the  difficulty  :

Removal  of
difficulties.

Provided  that, no  such order  shall be  made after  the expiry  of a  period

of  two  years  from  the  date  of  commencement  of  this  Act.

(2)  Every  order  made  under  sub-section  (1)  shall  be  laid,  as  soon  as

may  be,  after  it  is  made,  before  each  House  of  the  State  Legislature.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI,
PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004  AND PUBLISHED AT DIRECTORATE
OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004,  EDITOR : SHRI
PARSHURAM JAGANNATH GOSAVI.

